West Texas Loan Co. v. Montgomery

Citations

• 27 N.M. 296
• 200 P. 681

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Held, that an agreement to extend notes “until frost” is an agreement to extend to a definite time. P. 298</p> <p>2. Held, that the evidence showed that there was a consideration for the extension, and the question was properly submitted to the jury. P. 298</p> <p>3. Held, that this court cannot consider a question, where the transcript is incomplete and does not disclose what was done in the court below. P. 299</p> <p>4. Where maker of note was by promise of extension of note induced to spend labor and money which he otherwise would not have spent, -the same was consideration for the extension; it not being necessary that he pay money to the note holder, if induced to part with something of value. P. 299</p> <p>ON MOTION FOR REHEARING.</p> <p>5. An objection that a pleading amendment was allowed, substantially changing the defense, is not reviewable, where the only objection urged below was that the evidence adduced did not justify amendment. P. 300</p> <p>6. It is within the court’s discretion to allow or refuse amendments after the evidence is heard, or the arguments of counsel closed. P. 300</p>